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Dana v. Taylor

Court of Appeals of Ohio, Fifth District, Stark

July 23, 2018

CATHERINE DANA nka JOHNSON Plaintiff - Appellee
v.
PATRICK TAYLOR Defendant-Appellant (deceased) And STARK COUNTY JOB AND FAMILY SERVICES, Intervenor - Appellee And KATHLEEN TAYLOR Defendant-Appellant

          DATE OF JUDGMENT: July 23, 2018

          Appeal from the Stark County Court of Common Pleas, Family Court Division, Case No. 1996DR0983

          For Plaintiff-Appellee RICHARD B. PINHARD

          For Plaintiff - Intervenor Stark County Department of Job and Family Services KIMBERLY R. HOPWOOD P.O.

          For Defendant-Appellant JENNIFER J. JOSEPH DEBORAH L. MCNINCH COURTNEY HANNA STEVEN J. UMAFIA S. KYLE DODDERER Joseph & Joseph Co., LPA

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J.

          OPINION

          BALDWIN, JUDGE

         {¶1} Defendant-appellant Kathleen Taylor appeals from the November 17, 2017 Judgment Entry of the Stark County Court of Common Pleas, Family Court Division.

         STATEMENT OF THE FACTS AND CASE

         {¶2} Appellee Catherine Dana nka Catherine Johnson and Patrick Taylor were married on December 12, 1986 and three children were born as issue of the marriage. On June 24, 1996, appellee filed a complaint for divorce. A Judgment Entry of Divorce was filed on September 17, 1997 which approved and adopted the parties' Separation Agreement. The Separation Agreement granted Patrick Taylor, who had been a firefighter, his interest in his Police and Fireman's Disability and Pension Fund of Ohio. As memorialized in a Judgment Entry filed on September 21, 2001, the Ohio Police and Fireman's Disability and Pension Fund of Ohio was joined as a defendant and was restrained from distributing Patrick Taylor's interest in the fund until further order. All of the children were emancipated as of August 28, 2009. Child support was terminated pursuant to a Termination Order filed on October 28, 2009.

         {¶3} Appellant Kathleen Taylor and Patrick Taylor were married on February 2, 2010. Patrick Taylor died intestate in Franklin County, Ohio on January 25, 2015 in Franklin County, Ohio. The Franklin County Probate Court, via an Entry filed on May 19, 2017, relieved the estate from administration and awarded appellant Patrick's benefit plan held by the Ohio Police and Fireman's Disability and Pension Fund of Ohio which was worth $28, 805.00. On July 10, 2017, appellant filed a motion in the Stark County Court of Common Pleas, Family Court Division, asking that she be added as a defendant. On the same date, she filed a motion asking for a partial release of the restraining order so that she could receive the pension since the Administrator of the pension refused to release because of the 2001 restraining order.

         {¶4} Pursuant to an Order filed on July 10, 2017, the trial court ordered the partial release of the September 21, 2001 restraining order. Appellant Kathleen Taylor was added as a new party defendant as memorialized in a Judgment Entry filed on July 21, 2017. However, the order of intervention filed on July 21, 2017 was vacated and a hearing scheduled pursuant to a Judgment Entry filed on August 2, 2017 due to conflicting orders.

         {¶5} On August 2, 2017, Stark County Child Support Enforcement Agency filed a Motion to Intervene because it had an interest in the subject of the action. On the same date, it filed a motion opposing the partial release of the restraining order. In its motion, it asked that if or when the restraining order was lifted, the trial court direct that $48, 209.31, be applied to child support arrearages. The Motion to Intervene was granted by the trial court on August 2, 2017.

         {¶6} Appellee, on August 10, 2017, filed a Motion for Disbursement of Funds, asking for an order from the trial court directing the Ohio Police and Fireman's Disability and Pension Fund to release all funds being held for Patrick Taylor to her "as and for his spousal support arrearage." In her affidavit, she alleged that she was owed $40, 290.00 in spousal support arrearages. Appellant filed a memorandum in opposition to the same on August 21, 2017, arguing that the Franklin County Probate Court had jurisdiction over the disbursement of Patrick Taylor's estate. The Magistrate, in an Order filed on August 24, 2017, vacated the prior partial release of the restraining order and ...


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